David Waldman, left, principal of Bedford Square Associates, listens as Town Attorney Ira Bloom, at podium, addresses the Planning and Zoning Comission on a proposed amendment to restrict store sizes. Waldman's development team is opposed to the proposal, which the P&Z tabled until May.

The Westport Planning and Zoning Commission, acting on the town attorney's advice, last week tabled until May 1 consideration of a controversial zoning amendment that would limit the size of retail outlets.

While Town Attorney Ira Bloom said the P&Z has the authority to enact Text Amendment 672, which would restrict stores' size to no more than 10,000 square feet, he suggested the commission gather more evidence for its case in order to demonstrate that the change conforms with criteria outlined in state law.

The P&Z voted unanimously March 20 to delay further review of the proposal, which has triggered strong opposition from some local commercial property owners.

"The way I see it, the primary purpose of this amendment is basically to limit the size of stores, and my review of the law indicates that you can do that," Bloom told the P&Z, having also met with the panel in executive session prior to last week's public meeting.

"That's been upheld by Connecticut courts, some of our trial courts," he said.

He cited a 1996 case in which the Savings Bank of Rockville challenged the upstate town of Tolland in its legislation to limit individual store space to 40,000 square feet. The town's ruling was upheld, but was tied to the assertion that it would reduce traffic.

"This was a regulation addressing the size of stores ... and they upheld it, and I think that's important for us to keep in mind," Bloom said.

Several weeks ago, a lawyer representing the Bedford Square development partnership suggested the amendment, if adopted, could face a legal challenge. He said the panel was overstepping its authority by trying to regulate the size of stores.

"Traffic is one of the legitimate criteria to implement a regulation like this," Bloom said, adding later that it's the most likely standard that could be used to limit store size.

Other factors, he said, include the character of the community "and things of that nature."

While some members of the public tried to express their opinions after the vote to table the proposal, P&Z Chairman Chip Stephens said it was moot.

David Waldman, principal of the Bedford Square project, which is scheduled to be developed on the site of the Westport Weston Family Y, met with his lawyer immediately after the P&Z voted to table the matter to May 1.